MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000040739

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Advancement on the Retired List to the rank of Colonel (O-6).

APPLICANT STATES:  In effect, that he served on active duty as a Lieutenant Colonel (LTC) and retired in that rank; however, at the time he retired in 1986 he also had been promoted to the rank of Colonel in the United States Army Reserve (USAR) in 1981 and should have been retired in the highest rank he achieved.

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned as a USAR Captain in the Dental Corps on 21 April 1966 and entered active duty on 30 July 1966.  He was promoted to the rank of major on 1 July 1969 and the rank of LTC on 1 July 1974.

On 14 April 1981, orders were published by the Army Reserve Components Personnel and Administrative Center (RCPAC) indicating that on 9 June 1981 the applicant was promoted to the rank of Colonel in the USAR.

On 5 March 1982 the applicant accepted a Regular Army appointment in the rank of LTC.

On 10 October 1985 the applicant submitted an application for voluntary retirement in which he requested retirement for length of service to be effective 30 September 1986.  His request was approved on 21 November 1985.

Accordingly, he was released from active duty on 30 September 1986 and was transferred to the Retired List in the rank of LTC effective 1 October 1986.  He had served 20 years, 2 months and 1 day of total active service.

Title 10, United States Code, chapter 33, provides the provisions for appointments in Regular Components of the Armed Forces.  It states, in effect, that a commissioned officer of the Regular Component cannot hold a similar commission in a Reserve Component simultaneously.

Title 10, United States Code, Section 3964, provides, in pertinent part, that enlisted and warrant officer personnel may be advanced in grade to the highest grade satisfactorily held on active duty, as determined by the Secretary of the Army, upon completing 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  A condition for advancement on the Retired List is that the individual concerned must have satisfactorily served in the higher grade on active duty at some time prior to being placed on the Retired List in a warrant officer or enlisted status.  Not only did the applicant always serve as a commissioned officer, he never served on active duty in the rank of colonel.  Thus he is ineligible for advancement on the Retired List.

3.  Additionally, the Board notes that once the applicant accepted his appointment in the Regular Army, his promotion to the rank of Colonel in the USAR was no longer valid because a commissioned officer may not hold commissions in two separate components simultaneously (ie, commissioned officer in USAR and Regular Army).

4.  Inasmuch as the applicant is not eligible for advancement by virtue of being a commissioned officer as well as never having served on active duty in the grade he is requesting advancement to, there is no basis to advance him on the Retired List.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__emw __  __rvo ___  ___dh___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040739	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.